People v. Guild
New York Supreme Court
Demurrer to declaration. The action was debt on a bond executed by the defendant Guild as principal, and the other defendants as sureties, in the penalty of $8000, conditioned that Guild, as the executor of the last will and testament of N. Guild, deceased, should faithfully execute the trust reposed in him as such executor, and should also obey all orders of the surrogate of the county of Saratoga, touching the administration of said estate.
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Demurrer to declaration. The action was debt on a bond executed by the defendant Guild as principal, and the other defendants as sureties, in the penalty of $8000, conditioned that Guild, as the executor of the last will and testament of N. Guild, deceased, should faithfully execute the trust reposed in him as such executor, and should also obey all orders of the surrogate of the county of Saratoga, touching the administration of said estate. The declaration set forth the issuing of letters testamentary by the surrogate of Saratoga, to the defen dant Guild; a complaint against him by certain…
1Opinion of the Court
By the Court, Beardsley, J.
The acts of 1837 and 1844, which have been referred to, authorize certain decrees of surrogates to be docketed, by which they become liens on real estate, and executions may be issued thereon. It is also provided that “ if such execution be issued and returned unsatisfied, the surrogate shall, on application, assign the bond given by such executor, administrator or guardian, to the person in whose favor such decree is made, for the purpose of being prosecuted.” (Laws of 1837, p. 535, § 65.) This mode of obtaining redress is in addition to that provided by the…
2Cited by6 opinions
- Hood v. . HoodNew York Court of Appeals · 1881
- Hood v. . HaywardNew York Court of Appeals · 1891
- Paff v. KinneyThe Superior Court of New York City · 1852
- Annett v. KerrThe Superior Court of New York City · 1864
- Annett v. KerrThe Superior Court of New York City · 1864
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